# The Further and Higher Education (Student Support) (Amendment) Regulations 2014, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Further Education Loans Regulations 2012 (S.I. 2012/1818) (“the 2012 Regulations”) and the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the 2011 Regulations”).
Regulations 2 to 8 amend the 2012 Regulations.
Regulation 3(a) amends regulation 2 of the 2012 Regulations to remove the definition of “Apprenticeship Framework” which is no longer required following the amendments made by the Further Education Loans (Amendment) Regulations 2014 (S.I. 2014/290). Regulation 7 makes a further consequential amendment to regulation 9 of the 2012 Regulations.
Regulation 3(c) substitutes a new definition of “further education course” which covers any course which is of a level equivalent to or higher than a course in preparation for an examination for the General Certificate of Secondary Education.
Regulation 4 corrects two cross-referencing errors in regulation 3 of the 2012 Regulations.
Regulation 5 substitutes a new provision for regulation 4 of the 2012 regulations. Regulation 4(1) of the 2012 Regulations now provides that a course may be designated at the discretion of the Secretary of State provided that it meets the conditions in regulation 4(1)(a) and (b). Regulation 4(2) of the 2012 Regulations makes clear that the Secretary of State may suspend or revoke a designation made under paragraph (1). Regulations 3(b) and 8(a) make consequential amendments.
Regulation 6 amends regulation 5 of the 2012 Regulations to provide that the maximum period of eligibility in connection with a designated further education course will be three years for further education courses other than those described in regulation 5(3)(a) to (f). Regulation 8(b) amends regulation 15 of the 2012 Regulations to make clear that a student can only once rely on that paragraph to qualify for a fee loan to repeat a further education course they have previously failed to complete.
Regulations 9 to 11 amend the 2011 Regulations.
Regulations 10 and 11(a) amend regulation 42(ge) of and paragraph 1(1)(o) of Schedule 4 to the 2011 Regulations respectively to substitute a new definition of “taxable income” for the purposes of those provisions. The new definition makes clear that “taxable income” means the total income on which a person is charged to income tax together with certain other payments and benefits. Regulation 11(c)(i) and (ii) make consequential amendments to paragraph 5(1) and (2) of Schedule 4 to the 2011 Regulations.
Regulation 11(b) and (c)(iii) remove obsolete references to section 273 of the Income and Corporation Taxes Act 1988 (c.1).
An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector. The impact on the public sector is minimal. The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2014/1766/note (the official version)
Page: https://openlegislation.uk/further-and-higher-education-student-support-amendment-regulations-2014/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.